2026-09-12 · Minnesota · Legislation

What happened. Minnesota created a safe harbour for anyone who resells electricity to charge an electric vehicle — which includes an association billing owners for use of a charger on the common elements.

Section 15 of article 7 of Laws 2025, First Special Session, ch. 4 creates Minn. Stat. § 216B.422.¹ The act was signed 14 June 2025.

The whole section, in one sentence

“A retail seller of electricity used to recharge a battery that powers an electric vehicle, as defined in section 169.011, subdivision 26a, and that is not otherwise a public utility under this chapter, is not in violation of section 216B.40 if the electricity the retailer sells was provided by the utility serving the location of the charging station.”

That is the entire statute. Section 216B.40 is the provision requiring a certificate of public convenience and necessity before furnishing utility service — the rule that made per-kWh resale legally awkward.

The one condition

The electricity must have been “provided by the utility serving the location of the charging station.” An association drawing power from its own service, provided by its own serving utility, and billing owners for what they draw, is inside the safe harbour.

What it does not do

Minnesota still has no right-to-charge statute. Nothing in Minnesota law compels an association to permit an owner to install EV charging, on a limited common element parking space or anywhere else. Whether an owner may install remains entirely a governing-documents question — the declaration, the architectural review procedure, and the association's authority over common and limited common elements.

This is a notable gap. More than a dozen states have enacted right-to-charge provisions for community associations. Minnesota has not, and no bill to do so was introduced in the 2025–2026 biennium.

1. Laws 2025, First Special Session, ch. 4 — Commerce omnibus (art. 7 creates § 45.0137 and § 216B.422) ↩
2. Minn. Stat. § 216B.40 — certificate of public convenience and necessity required to furnish utility service ↩
3. Minn. Stat. § 45.0137 — Common Interest Community Ombudsperson ↩
4. Laws 2026, ch. 82 (S.F. 1750) — architectural review procedure and competitive bidding requirements ↩